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Supreme Court — Part 8

109 pages · May 11, 2026 · Document date: Jun 11, 1958 · Broad topic: General · Topic: Supreme Court · 109 pages OCR'd
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age \ ee , al . vm <u meee . . . ») e -7- ; in terms of employment were first advanced on November 11th—11 days after the negotiations had begun. The demands made were substantial. ‘They would have ine creased the cost of coal at the pits about 300 million dollars on an annual basis. Under the circumstances the Secretary of the Interior advised the defendants that pursuant to section 5 of the War Labor Disputes Act they were entitled to make application to the National Wage Stabilization Board, He also pointed out to them that they could negotiate directly with the mine operators with a view to enabling the Government to return the had been described by both the defendants and the operators as being a desirable obiective. . The defendants refused to take either step, By their refusal to make appli~ cation under section 5 of the War Labor Disputes Act, they ignored the remedy which Congress had provided for the peaceful settlement of exactly this type of problem, Both the Secretary of the Interior and the Department of Justice advised the defendants of their remedy under section 5. They remained adamant. One of the most striking things in this case is the continued defiance of the defendants toward the law, the courts, and the rights of the people of the United States. Instead, the defendants wrote a letter to Secretary Krug on November 15th, part of which is as follovs: "Fifteen days having nov elapsed since the beginning of said CONLETentl, Wil vNLveG sublet SOLACE S C1 AMePiCle, GACICIGANE 42 Upuitil, hereby terminates said Krug-Lewis agreement as of 12:00 o'clock, P.M, s midnight, Wednesday, November 20, 1946." It is manifest that the defendants wrote and sent that letter as a signal— "no contract" meant "no work." Secretary Krug replied the same day? "You have no power, under the Krug~Lewis Agreement of May 29 or under the law, by unilateral declaration to terminate the contract which by its terms 'covers for the pariod of ‘Government possession the terms and conditions of employment!.®
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